Legal mal: lawyer filed defective not of appeal. What case law rebuts judge must decide if appeal would have survived otherwise

An order granting a motion for summary judgment is reviewed de novo, since it involves a pure legal question. A jury can never decide whether an...

If by "written response" you mean an answer, then the next step is to conduct discovery in order to defend the case on its merits. Defending a...

I NEED HELP ON ANSWERING FORM CIV-110 QUESTION 3 TO THE CLERK: CONSENT TO THE ABOVE DISMISSAL IS HEREBY GIVEN**

You need to read the ** part. The defendant's consent is only required "if a cross-complaint seeking affirmative relief is on file." You cannot...

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I terminated a contract with another company for non-payment. The other company argues that termination violated the contract.

As far as I know, the "after-acquired evidence rule" applies only in employment discrimination actions. So that will not be an issue...

Will the original judgment be reversed if the plaintiff files a ccp 170.6 motion ?

It's impossible to say what's going on from the facts you have presented. It sure sounds as though the case is getting ready for trial and one...

The other posters are incorrect. "[P]ayment of a judgment must be regarded as compulsory, and therefore as not releasing errors, ... unless payment...

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Why would a public defender tell the DA bad details about a case they're working on?

Lawyers often discuss cases with opposing counsel. Figuring out what you can agree on and what you disagree on is an important part of reaching a...

How can I move a trial date without having to appear in court to ask for a continuance.

Contact the court immediately. Look carefully at all the documents you have received from the court or the other party to determine whether you...

Did my case get dismissed if when I went in for my court date nothing had been filled by the DA's office?

No, your case was not dismissed. You just have not been charged. Yet. You may be charged at any time before the statute of limitation expires....

What happens when the clerk fails to take off the calendar a hearing on a demurrer and the plaintiff had already filed his FAC?

The plaintiff should have attended the hearing and informed the judge that the complaint was amended. Having failed to do that, the answer to your...